Humboldt men sentenced in federal pot case; two men get probation, house arrest for roles in Montana marijuana ring

Two local men have been sentenced to house arrest and probation for their roles in a distribution network that transported Humboldt County marijuana to Montana.

Henry Anthony Combs, 55, of McKinleyville, and Gregory John Harris, 57, of Fieldbrook, were both sentenced in a federal court in Montana on Wednesday after pleading guilty to conspiracy to possess less than 5 kilograms of marijuana with intent to distribute, receiving sentences of six months of home confinement and probation after a judge found them to be minor participants in the interstate marijuana operation.

"When the evidence from the government was scrutinized, it became clear to the parties that (Mr.) Combs and (Mr.) Harris were the least culpable," Combs' attorney, Ben McLaughlin, wrote in an email to the Times-Standard. "Neither Mr. Combs nor Mr. Harris organized 'buys.' Neither Mr. Combs nor Mr. Harris has a criminal history ... all of which the court took into consideration."

McLaughlin and Harris' attorney, Russell Clanton, both argued in memorandums submitted to the court that their clients' roles in the alleged conspiracy were minimal, and that they essentially supplied relatively small amounts of marijuana to buyers on only a few occasions. According to court documents in the case, federal prosecutors did not file motions seeking sentencing reductions for substantial assistance to authorities for Combs and Harris, indicating they did not cooperate with ongoing federal investigations or prosecutions.

Three other local suspects in the case -- James Leroy Baltierra, 31, of Trinidad, Patrick Fay McMullen, 31, of Eureka, and Kirk Von Felhaber, 55, of McKinleyville -- have pleaded guilty to conspiracy to possess with intent to distribute marijuana and face a maximum penalty of 20 years in federal prison when sentenced Nov. 21. They also face a fine of up to $1 million.

The five local men stand accused of supplying Joseph James Chartraw, 27, of Billings, Mont., with marijuana to distribute throughout the state over a two year period. Chartraw is currently serving a three year, 10 month prison sentence after pleading guilty to conspiracy with intent to distribute more than 100 kilograms of marijuana. He faced a maximum penalty of 40 years.

According to offers of proof prepared by federal prosecutors to support the men's plea agreements in the case, federal authorities first learned of the marijuana distribution network after Chartraw was pulled over in a 2010 traffic stop.

A Yellowstone County Sheriff's deputy pulled over Chartraw's 2010 Mercedes Benz SUV and, after a drug-sniffing dog indicated the possible presence of narcotics in the vehicle, Chartraw admitted to having a small amount of marijuana and nearly $15,000 cash in the car.

A subsequent investigation revealed, according to the documents, that Chartraw had a history of dealing marijuana, and a police search of his vehicle found a drug ledger detailing hundreds of thousands of dollars worth of transactions.

Officers then seized Chartraw's cell phone, according to the documents, which led them to his suppliers in Humboldt County.

"The contents (of the phone) revealed that Chartraw had been involved with selling multiple pounds of marijuana, as well as transporting tens of thousands of dollars in cash," the document states. "He provided some contacts with his bank account information, and asked that they deposit the funds owed to him into his accounts.

"Some of the text messages on the phone blatantly discussed prices for pounds of marijuana, smuggling bulk cash via the airlines, having bulk cash from drug proceeds deposited into bank accounts and dealing marijuana to Indian reservations in Montana," the document continues, adding that distribution locations throughout Montana were discussed in the texts.

The investigation subsequently revealed, according to the documents, that Felhaber was the point person for Chartraw in Humboldt County and that he would "bring together multiple growers at his home whenever Chartraw or one of his couriers would be arriving in California. (Felhaber) would have several individuals bring their marijuana to his home for redistribution to Chartraw or one of his couriers."

Chartraw and Felhaber had a falling-out at some point when Felhaber reportedly sold Chartraw a vehicle but refused to turn over the title, according to the documents. At that point, McMullen, Felhaber's grandson, reportedly took over organizing Chartraw's supply.

According to court documents in the case, federal prosecutors offered Baltierra, McMullen and Felhaber lesser sentences if they worked with federal investigators.

"Neither my grandson nor myself have accepted that departure," Felhaber wrote in an email to the Times-Standard, "nor have we agreed to cooperate or give any information regarding any ongoing investigation."

But someone did cooperate with authorities, Felhaber wrote.

"Mr. Chartraw's case is separate from our case and it was only his grand jury testimony that led to the indictments of the five (from Humboldt)," he wrote. "As the case is ongoing and not complete, I can make no further comment."

When it comes to Harris and Combs, attorneys for both men argued in documents submitted to the court that a grant of probation would be commensurate with their roles in the operation. In pre-sentencing memorandum's submitted to the court, both attorneys argued their clients are honest, hard-working, nonviolent men who are valued members of their communities. Combs even had Humboldt County supervisors Rex Bohn and Ryan Sundberg submit letters on his behalf.

"I have always found him to be honest and a man of his word," Bohn wrote after noting he doesn't "condone the recent accusations of Mr. Hank Combs."

Sundberg said he has "personally had nothing but positive interactions with (Combs) over the past 25 years," noting that he has employed many people through auto body and timber industries and has been "fair and just" in his business dealings.

For his part, Clanton said Thursday he felt it was appropriate that Harris and Combs were spared prison.

"The sentence they received reflected the fact that they were on the periphery of this so-called conspiracy and, in fact, were just some small suppliers without knowledge of any larger conspiracy," Clanton said.